Revolutionary War Pension and Bounty Land Warrant Application File S. 18413, Andrew Gardner, Mass.

SERVICE
NUMBER
Mass.
Gardner, Andrew S. 18413
carded
CONTENTS

84 Franklin
24 1833 Massachusetts Andrew Gardner Franklin in the State of Mass who was a private in the Comp commanded by Captain Oliver of the Regt commanded by Col. Dootittle on the Mass line for 13 mos
Inscribed on the Roll of Mass at the rate of 43 Dollars 33 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Aug 1833 and to the E. Alvah Reenfula
Arrears to the 4th of Mr '33 $ 86.66 Sem-ant. allowance ending Sep '33 21.66 $ 108.33
Recorded by J. C. Hays { Revolutionary Claim, } book E Vol. 2 , Page 29 { Adj June 7, 1832. } Clerk

Andrew Gardner Leverett 17451
General Gussing Staten Island

Commonwealth of Massachusetts.
Franklin County ss.
On this fourteenth day of August AD 1832. Personally appeared in open Court, before the _____ Court of Common Pleas of the said Common- wealth, now sitting at Greenfield with- in and for said County of Franklin Andrew Gardner a Resident of Leverett in the County and Com- monwealth of Maine aged eighty three years, who being first duly sworn according to Laws, doth on his oath, make the following de- claration in order to obtain the benefit of an act of Congress passed June 7th 1832. That he entered the Service of the United States under the following named officers and served as herein stated - I Andrew Gardner of Leverett in the County of Franklin and Commonwealth of Massachusetts, do hereby declare and say that I was born in the Town of Needham in said Commonwealth in the year 1749. I know of no record of my age, if any there be it is in the Book of Records in said

in said Town of Needham. When called into the service of the Revolution I lived in said Lowell where I have lived ever since the Revolution. In the year 1775 I enlisted in the Militia in the service of the Revolution under Capt. Oliver and in Col.
Dwight's Regiment for the term of eight months. soon after I marched to to Cambridge in said Commonwealth was in the Battle at Bunker's Hill on the 17th day of June A.D. 1775. Shortly after I was appointed by my officers an attendant on the Regimental Hospital for term of one year & a month and then did the same service in the General Hospital where I remained un- til the expiration of the eight months the term of my enlistment. I was then my written discharge. In 1776 I again enlisted as a common soldier under Capt. Groves in Col. Williams Regiment for the term of three months and soon after marched to Danbury in Connecticut from there to Peekskill in the state of New York. from there to Morristown in the state of New Jersey and there remained until the said term of enlistment expired and was discharged without a regular discharge. In 1777 I again enlisted for two months.

marched to Saratoga N.Y. under Capt. Joseph Starr, in Col. Williams Regiment - from Saratoga to Moors Creek between Fort Miller and Fort Edwards and was a part of the Army at Stillwater until the expiration of said Period of enlistment and again was dismissed without any written discharge - Messrs Montague and Isaac Rice my present neighbours can testify as to my character for veracity and their opinion of my services as a soldier of the Revolution He hereby relinquishes any claim whatever to a pension or annuity except the moment and declares that his name is not on the Pension Roll of the Army of any state - In witness to and subscribed the day and year aforesaid. Andrew Gardner Attest E. Alvord Clerk
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories proposed by the War Department, that the above named applicant was a Revolutionary soldier and served as he states - Attest E. Alvord Clerk
I Elijah Alvord Clerk of said Court do hereby certify that the foregoing contains the original proceedings of the Court in the matter of the application of Andrew Gardner aforesaid for a Pension on testimony whereof I have hereunto set my hand and affixed the seal of the said Court. This fourteenth day of August in the year of our Lord one thousand eight hundred and thirty two. E. Alvord Clerk

We Mead Montague of Montague and Josiah Rice of Leverett hereby certify that we are well acquainted with Mr Andrew Gordan residing in said Leverett who has subscribed and sworn to the within de- claration. That we believe him to be eighty three years of age; that he is reputed and believed in the neighborhood to have been a soldier of the Revolution and that we concur in that opinion.
Sworn and subscribed the day and year afore said. Josiah Rice Mead Montague
And the said court certifies that it appears to them that Josiah Rice who has signed the preceding certificate is a resident in said Leverett; and that Mead Montague is a resident in Montague in said county who has also signed the same and that they are both credible persons and that their statement is entitled to credit.
Attest E. Alvord Clerk

e 1017451 e Andrew Gardner Massachusetts
Plant 13 months
10 06
June 1 1835
P. 412
E. Alvord. Granfield Massachusetts

County of Franklin  BRIEF in the case of  Andrew Gardner  in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted In 1775 8 — private Gen. Capt Oliver Col. Woodhull   " 1776 — 3 — — Capt Brooks Col. Williams   " 1777 " 2 — — Capt Harron same,  
 5. In what battles was he engaged? Bunkerhill  6. Where did he reside when he entered the service? Franklin Co Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witness.  8. Are the papers defective as to form or authentication? and if so, in what respect? Clerk's Seal Not affix'd 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M. Gage Examining Clerk.
he was an attendant part of the time in the hospital,

18413 INVALID.
own
File No. 18413
Andrew Gardner
Rev War
Act: June 7" 32
Index:—Vol. / , Page 457
[Arrangement of 1870.]

Andrew Gaudna
Affidavits
February 1830

Levers July 14 - A. 1832.
I know all men that I Andrew Gardner of Levers in the County of Franklin and Commonwealth of Massachusetts, do testify and say that in the first of the revolutionary war. I left my family in said Levers Went to Cambridge in said State and enlisted into the United States service under the command of Capt. Oliver of Conway in the then county of Hampshire now of Franklin, and Col. Doolittle, of Petersham in the County of Worcester, where I remained eight months, soon after I enlisted I was appointed by my Officers as an attendant on the Regimental Hospital for some more than a month, then did the same service in the General Hospital untill the expiration of said eight months the term for which I enlisted. Was honorably discharged & returned to my family. I am now eighty three years old, in low circumstances, and stand in need of some assistance for which I throw myself on the mercy and generosity of my Country, as in duty bound &c, Roswell Field.
Rachel Fernspon
his Andrew Gardner Mark
Personally appeared Andrew Gardner and made solemn oath to the truth of the foregoing statement, by him made before me Roswell Field, Justice of the Peace,
July 14 - 1832.
This may certify that I have been acquainted with Andrew Gardner above said and believe him to be a man of truth and strict veracity July 14 - 1832. Roswell Field - Justice of the Peace,

I Joel H. Tuttle of Lanesville in the County of Franklin but now of Deerfield in said County do hereby certify that soon after the commencement of the Revolutionary War, I was a soldier in the Army of the Revolution & was well acquainted with Andrew Gardner of said Lanesville, who was also a soldier with me in said Army, during three months, during which time we were at Pitskill & Mavestown, we were in the same Company & I know that he performed three months service, as during that time, I was constantly with him; I know him before he entered the Army & since then Joel H. Tuttle Attest R. E. Mearns My Friend
Commonwealth of Massachusetts Franklin ss July 16, 1882
Personally appeared Joel Tuttle & made subscribed to the truth of the foregoing statement by him, subscribed before me.
Richard E. Mearns Justice of the Peace
This may certify that I never been acquainted with the above named Joel Tuttle for more than fifteen years & believe him to be a man of truth & veracity R. E. Mearns, Just. Peace

Leverett July 14. — 1832
Know all men that I Phinehas Clary of Leverett in the county of Franklin and Commonwealth of Massachusetts do testify and say, that in the campaign at Cambridge in the beginning of the Revolutionary War. I saw Andrew Gardner in service. I know that he was an Overseer at that time in the Hospital at Cambridge, seeing him frequently - and being well acquainted with him before and since, and believe he performed eight months service at that time in the service of the United States.
Phinehas his X Clary. mark
Attest Roswell Field. Asa Williams
Personally appeared Phinehas Clary and made oath to the truth of the foregoing statement by him made
Before me. Roswell Field, Justice of the Peace. July 14 - 1832.
This may certify that I am acquainted with Phinehas Clary and believe him to be a man of strict truth and veracity. Roswell Field, Justice of the Peace.
July 14 - 1832.
I Abraham Pearce of New Salem in the County Franklin of lawful age do testify & say that in the month of December 1776. Andrew Gardner of Leverett entered with me into Capt. Crocker's company in Col. Williams Regiment, of the Revolutionary War, that we marched to the Jerseys, that we served together three months & were honorably discharged — Attest, Joshua Green
Abraham Pearce
Franklin ss. 20 th July 1832. Then & there personally appeared Abraham Pearce & made Oath to the truth of the foregoing statement by him made, & I do certify that said Pearce is in my opinion a man of truth & veracity.
Joshua Green of Jus: Peace

Commonwealth of Massachusetts
Franklin ss I Elijah Alvord, clerk of the Court of Common Pleas, for the Commonwealth of Massachusetts, for the county of Franklin do certify that Roswell Field Esq. before whom the two annexed Affidavits of Andrew Gardner and Phinehas Clary purport to have been verified; Richard E Newcomb Esq before whom the annexed deposition or affidavit of Joel Kett purports to have been verified; and Joshua Green Esq. before whom the annexed or within affidavit of Abraham Pierce purports to have been verified are severally justices of the Peace for the said county of Franklin. And I believe their names subscribed to the said depositions respectively to be their true and proper signatures.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court at Greenfield on the fourteenth day of August in the year of our Lord one thousand eight hundred and thirty two E. Alvord Clerk

17451
Andrew Gardner
S. Adair Esq Greenfield Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Andrew Gardner which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? No - The Clerk has omitted to affix his seal to the declaration & affidavits

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? e 10
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? e X
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Living witness
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? ys
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ys
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? ys
XVI. ‡ Are the papers authenticated as the regulations direct? e X
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

BOUNTY LAND WARRANT RECORD CARD*
NAME Gardner, Andris GRADE Private LINE New York (Gardinnier)
Pencil notation
WARRANT NUMBER 7161 ACREAGE 100 ISSUED July 30, 1790 to Edward Cumpston, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.